Opinion: Obama's Unconstitutional Appointments

This transcript has been automatically generated and may not be 100% accurate.

... welcome to Opinion Journal why Mary Kissel ... Hostess history doesn't repeat itself remember the nineteen thirties ... when FDR tried to pack the Supreme Court ... well here we go again ... today a federal appeals court ruled that present Obama is packing ... of the National Labor Relations Board is ... wait for it ... on constitutional system editorial page editor James Freeman is here to explain ... James how they have a setback is this for the president ... I was pretty big in terms of the ... Obama regulatory onslaught then echo of fun moment where the rule of law is being upheld a year ago he basically had declared that the Senate was in recess and a ... this allowed him to ... make a number of appointments without getting Senate approval of the the odd thing was that it's generally the Congress that says when it's in recess a according to Congress that we're not in recess so ... it seemed like he was a pretty straightforward legal question in on now with this unanimous ruling out ... in this of federal appeals court ... it seems like other constitutions but affirmed that James not anybody out there knows what the National Labor Relations Board is what is it ever see and what is this mean for swilling need for big labor ... well this is really a sense of labor did not get what they really wanted when Pres Obama first came into office which was card check which was basically getting rid of the secret ballot in union elections that would help them ... so the next best thing is I control of this body which ... really overseas a lot of of labor disputes of between a ... larger come large and small law companies and their union workforces and I work forces that may want to consider unionized again so ... the specific decision the euro has been thrown out along with the of ... the appointees of ... the three are the major department store them still currently servings of those people are now off the board unless this gets of overturning the Supreme Court will hear when thinking of going in the NL are these decisions had to say ... while Boeing you can't build a plant in South Carolina because ... well we say so I did this issues like that now been overturned and basically everything that's happened in the last year every decision of the NLRB is now up in jeopardy ... this Rolling only knocks out the one that the above generated the losses but if the stands again if the Supreme Court that doesn't ... go the other way to work ... or ... does it doesn't take some getting change your everything that's happened will be knocked out of last year and also that same day Mr Obama pointed out ... many Richard Cordray to head the new Consumer Financial Protection Bureau's is a ... bureaucratic monster created by the Dodd Frank law ... that all goes away to do on the last of Mr Obama is able to get another friendly ruling from a ... Justice Roberts and spur this decision today did only address the NLRB didn't address Mr Porter at the CFPB sorry for all of this ... yes they're out there love them back to the Beltway but that he is he's gonna look under this logic unless ... again they were able to turn around to the Supreme Court because ... he was appointed under the exact same circumstance of the same time and there's a pending court case he argues the same thing as Mr Korn Ferry ... so why shouldn't a step that I do the honorable thing you could study year-ago because the Constitution is very clear article one says this ... Congress is not in recess a house of Congress unless the other house ... has agreed to it they have not it was nothing in ... the should step down so ... did the setback got about a minute left ... are the courts now on the last four we have ... against this very activist White House and into ... regulatory bodies certainly that the role the courts is now all important when you look and I just this issue but to the Obama administration is really signal that their bigger climate change Bush ... is going to be done ... at the ... at the level of agencies not in the Congress they're not going back to Congress in this area Sen boxer of ... the Kim Strassel or colleague wrote a column today on this ... all of the action of the Obama second term is really a baby in regulatory agencies so ... to the extent the courts are willing to ... uphold the constitutional my city's that the president doesn't seem to care about ... yet this is kind of the whole ballgame in terms of the ... size of government role of government in the second thing is the question is does this ruling then get killed up to the Supreme Court ... and the chief justice Romney is here to get about what the dire times will say about what's up ... exactly assist an editorial page editor